Research On The Judicial Application Of The Principle Of Good Faith

The principle of good faith is in the status of "emperor clause" among the basic principles of civil law.As an indispensable basic principle in the civil legal system,it has played a key role in supervising and restricting the civil actions of civil subjects,and it has been maintained to a certain extent.The stability of the transaction.With the rapid development of China’s modern society and economy,it is difficult to cover all existing legal rules.The principle of good faith must be applied in the judiciary in order to adapt to the new challenges and new issues that change with modern society.At present,the rules of judicial application of the principle of good faith in China are relatively vague.There is no unified and clear standard.Judges lack a proper understanding of the application of the principle of good faith in the judiciary,they are not sure about the application of the principle of good faith,and do not give full play to the principle of good faith to correct evil.The functions of law and supplementary legal loopholes,on the contrary,there are a large number of non-substantial listed applications and escape-type applications that undermine strict rules,which greatly affects the judicial application of the principle of good faith.The issue of the urgent application of the principle of good faith in justice is worthy of our further attention and research.The theoretical basis of the application of the principle of good faith in the judiciary,the circumstances under which it can be applied,what problems exist in the specific application,and how to improve it have always been the focus of judicial practice,not much attention in academia.This article adopts the research methods of comparative research method and case study method,firstly expounds the basic theory of judicial application of the principle of good faith,affirms the connotation of judicial application of the principle of good faith,which has both objective and subjective honesty,and sorts out the historical development of the application of the principle of good faith.The context of the law promotes the principle of good faith to play supplementary,regulatory,and explanatory functions in the administration of justice.Through statistical investigation and analysis of the typical cases published in the Gazette and the Judgment Documents Network,summarizing and summarizing the cases applying the principle of good faith,conducting typed research on the correct judicial application of the principle of good faith,such as interpretive and supplementary applications,find out the problems in the judicial application of the principle of good faith from the list-type application and the escape-type application,examine the application of the good faith principle in the common law system and the civil law system,and combine the characteristics of judicial application of the good faith principle in China to selectively draw on foreign experience and practices.In summary,the author further proposes specific and perfect measures to establish a system of principles of good faith,break through the limitations of statute law,break down the barriers of good faith theory and practice,and give full play to the function of equity.